In a landmark judgment, the High Court of Australia has today unanimously dismissed an appeal by the State-owned NSW Forestry Corporation, confirming that conservation groups like South East Forest Rescue can bring legal action to enforce compliance with the logging laws and protect threatened wildlife in native forests.

The historic decision of the High Court ends a protracted legal battle over standing that began in early 2024 when SEFR launched proceedings in the NSW Land and Environment Court which alleged that the Corporation had failed to comply with the logging laws and therefore, failed to properly protect endangered gliders, including the Greater Glider, during native forest logging operations in NSW.

Although the original judgment found that special interest groups had the ability to sue the Corporation, SEFR was not found to have the necessary “special interest” to bring the case. SEFR then appealed, and the full bench of the NSW Court of Appeal unanimously overturned the LEC decision, recognising SEFR’s deep and longstanding commitment to protection of native forests. The Corporation then applied to the High Court and special leave was granted in September 2024.

“This judgment confirms that organisations with a deep and ongoing commitment to environmental protection can hold government-owned entities accountable to the law,” said Scott Daines, spokesperson for SEFR.

SEFR says the appeal was an attempt to shield the Corporation from public scrutiny, and to avoid answering questions about whether its activities comply with environmental law.

“Forestry Corporation tried to shut down this case before it even began. That strategy has failed,” said Mr Daines. “Rather than engaging with the substance of our claims, Forestry Corporation has fought to deny our right to bring them to court. It is disappointing that taxpayer money was spent trying to avoid scrutiny rather than to address the environmental harm in question.”

 “This judgment recognises the essential role that dedicated special interest litigants play in upholding the law,” Ms Natalija Nikolic, lawyer for SEFR, said. “It locks in the ability for environmental groups to take Forestry Corporation to court, especially when regulators fail to do so.”

The case is expected to return to the Land and Environment Court later this year. SEFR is seeking court orders to restrain the Forestry Corporation from logging in NSW north and south coast State forests unless proper surveys for Greater Gliders, Yellow-bellied Gliders, and Squirrel Gliders are completed, and appropriate protections around their den trees are put in place.

“This decision gives us a measure of hope amid an escalating extinction crisis,” said Mr Daines. “It’s frustrating that groups like ours have to step in, but it shows that accountability is still possible when organisations are willing to act.”

SEFR thanks barristers Jonathan Korman, Jeremy Farrell, Lauren Sims and Thomas Wood for their expert legal representation in the proceedings before the High Court. SEFR is represented by Blair Arthur & Associates.